CPK Flashcards
R v Mallinson - an inference that he understood his rights
Unless contrary evidence to show otherwise,
R v HINA - Detainers right
It is the detainers right to ensure the whole right is conveyed and understood - or at least in a manner open to understanding
R v TUNUI - rights given more than once
It may be necessary to inform an offender more than once of their rights
R v GRANT - rights given in written form
If the suspect has been given a caution in a written form, then the act has been complied with
R v Butcher and Burgess - Police not expected to mutter rights if threatened
Until a situation is controlled - Police do not need to give rights if threatened
R v Maillinson - without delay is not immediately
the expression - without delay - is not synonymous with instantly or immediately
R v Piper - right to privacy if dangerous to do so
Police may be justified in not offering privacy where privacy would be dangerous to leave the accused alone
Kerr v Police - honest attempt to contact a lawyer
An honest and determined attempt was made by Police to contact a lawyer for the accused
R v Biddle - right by accused to waive having a lawyer present
As long as it is conveyed clearly and with full knowledge of having that right.
Police v Kholar - a valid waiver
a valid waiver requires a conscious choice that is both informed and voluntary and cannot be implied from silence or failure to request it
R v Rogers - accused must be charged promptly however
a reasonable time for processing, arranging a lawyer, interviewing and other police emergencies are justified limitations
Evidence Act 2006 - sec 28, 29 and 30
28 - reliability rule
29 - oppression rule
30 - improperly obtained evidence rule
Evidence Act 2006 - s28 Reliability Rule - Exclusion of unreliable statements
- Judge must consider the following - physical, mental and phycological condition of the defendant at the time of the statement
- Characteristics of the defendant inc any mental, physical or intellectual disability
- Nature of any questions put to the defendant, and manner they were put to him
- Nature of any threat, promise or representation made to the defendant or any other person
Exception to the sec 28 reliability rule - where prosecution wants to use the statement as evidence to the defendants?
Physical, mental and phycological condition at the time the statement was made
Evidence Act 2006 - Sec 29 - Oppression rule
Exclusion of statements obtained by oppression.
R v HAWEA - Oppression rule - admissibility objection
The most serious ground of objection to the admissibility of a defendant’s statement - requires prosecution to satisfy the Judge beyond reasonable doubt that the statement was not obtained by oppression.
Sec 30(6) - Evidence Act 2006 - Police practice note on questioning
A Judge must consider the practice note in determining whether a defendant’s statement was obtained (un)fairly
Police practice note on questioning - Sec 30(6) EA2006 - a member of Police investigating an offence may ask
questions of any person from whom it is thought useful information may be obtained. but must not suggest that it is compulsory for the person questioned to answer.
Sec 30(6) - Evidence Act 2006 - Clause 2 - sufficient evidence to charge a person
- whenever a member of the police has sufficient evidence to charge a person with an offence, and 2. whenever a member of Police seeks to questions a person in custody.
HOHUA v R - test of evidential sufficiency to arrest someone
Suspicion alone, reasonable or otherwise, does not trigger a requirement to caution a suspect in the absence of evidence to charge the person.
ELIA v R - Explanations must be given in a manner and a language that is appropriate to the age and level of understanding of the child or young person
An officer must explain fully, eahc of the rights - a mere recitation will be insufficient.
Phillips V R - Voluntary statements inadmissible if not recorded fairly in accordance with clause 5 practice note on police questioning
Given the opportunity to review and correct any errors then sign as correct
Police prevent crime and harm through: 1. Holding offenders to account with the right resolution and
- community focussed problem solving and 3. supporting victims
Robertson v R - must be cautioned before making a statement and rights not repeated for new offence
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